Term and Conditions Term and Conditions
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| General Terms of Business |
1. General Terms(1) These terms and conditions take effect solely for services, products and offers under the name of "Mobile Coaching" of Weinreich Unternehmensberatung GmbH (in the following Mobile Coaching). (2) Contractor's acknowledgements referring to his own terms and conditions are hereby rejected 2. Order Confirmation and Contract(1) We will store your order and your personal data given in the order process. You can print your order at the end of the order process. If you have given us your e-mail address we will send you an order confirmation via e-mail. (2) The contract will be in effect not before you have received an acceptance of order or ordered goods or service. An order confirmation or status reports of your order do not represent acceptance of order. 3. Prices, Packaging, Shipping, Delivery(1) All prices include compulsory VAT. (2) For customized services and products we will make an offer based on the customer's specification (3) Costs for packaging and shipping are payed by customer. Orders above 300 Euro are free of packaging and shipping costs. In case of partial deliveries subsequent deliveries will be free of charge. (4) We will deliver to European countries within 10 days after payment is received, if no other period is article-specificly defined.
5. Warranty(1) Compulsory regulations for warranty take effect. (2) Repair or modifications by the customer or other persons without written consent of Mobile Coaching lead to expiration of the warranty (3) The warranty does not cover common wear and tear or defects emerging from deficient or disregardful use or care or extraordinary conditions of use. 6. Disclaimer(1) This disclaimer is not valid for damages done with intention or emerged from culpable negligence or for injuries to life, body or health (2) Independent from the cause claims against Mobile Coaching are limited to the amount that seemed reasonable to Mobile Coaching when closing the contract. If the damage is not a consequence of a serious breach of contract, the claim will be limited to the tenfold amount of the order volume. (3) Terms for software and databases: The customer is responsible for backups of the data. Mobile Coaching is only liable for the effort that will be necessary to restore the data when the customer has backed up the data according to this regulation. (4) Mobile Coaching is not liable for damages in subsequence of an agreed obligation to co-operate of the customer not adduced by the customer or that could have been avoided if the obligation to co-operate had been adduced. 7. Payments
(1) We deliver on prepayment and payment per credit card. If sale on commission is agreed the customer is obliged to pay within 14 days after delivery of the goods or service.
(2) In case of default of payment Mobile Coaching is allowed to charge additional collection expenses. (3) Costs of back postings in case of absence of consideration or incomplete or wrong bank data are for customer's account. (4) Offset is not permitted, except for undisputed or legally established counter-claims. The withholding of payments by the buyer because of counter-claims from other contractual relationships is excluded. 8. Reservation of Proprietary RightsAll goods delivered by Mobile Coaching is property of Mobile Coaching until payment was completely received and all other regimentations of the contract are fullfilled. This regulation takes as well effect for conditional claims. 9. RescissionThe customer, as far as he is a consumer, has the right to rescind from the contract until the right of withdrawal takes effect. No justification is necessary. 10. Regimentations for withdrawal: Right of withdrawal and obligation of re-consignment (1) If the customer is a consumer he may withdraw the contract without any reason within two weeks in written text (i.e. letter, e-mail, fax) or by re-consignment of the goods. The period starts with consignment of the goods and this declaration in written text. To ensure this cancellation period it is sufficient to send the withdrawal or goods within the time period. The withdrawal has to be addressed to: Mobile-Coaching (2) In case of an effective withdrawal mutual accomplishments and, if applicable, withdrawn benefits have to be handed over. If the customer can only return the goods in a declined status he is obliged to pay compensation. This regulation doesn't take effect if the declination is solely a result of testing like it would have been possible on a shop floor. Besides this the customer can avoid the obligation of compensation by not taking the goods in use and avoiding everything that could compromise the value of the goods. (3) The customer pays the shipping costs of reconsignment if the good is in accordance with the ordered product and the value doesn't exceed 40 €. In all other cases Mobile Coaching will pay the costs of shipment. (4) Contracts about audio and video registrations or software can only be withdrawn as long as the volume is still sealed. Software delivered with hardware may only be unsealed if it is necessary for testing the hardware. End of regimentations for withdrawal 11. Transferability of a claimThe customer is not authorized to transfer a claim. 12. Privacy Policy(1) We care for the protection of your personal data. Our privacy policy follows the rules of the German Bundesdatenschutzgesetz (BDSG) and the Telemediengesetz (TMG) which are probably the most customer oriented in the world. All our co-workers and external service providers are obliged to respect the Bundesdatenschutzgesetz. (2) Stored data: Our server collects statistical data provided by your browser, such as browser version, operating system, referrer url and timestamp of your request. We collect this data only for statistical reasons and it is to improve the content of our web page. It is neither possible nor intended to identify you personally with this data. The data will not be consolidated with other data. (3) Storage of data on your computer (Cookies): Cookies are small text files that are stored on your hard disk and that are for technical reasons inevitable for some interactive webpages. They are used for instance to store access data during a session. We do not use cookies that can disclose your browsing behaviour. Cookies are not software and cannot enclose viruses or other baneful code. They cannot cause harm to your computer. Your computer, your safety and your privacy are not endangered by cookies. (4) Usage of individual-related data: We will use individual-related data only to fullfill your request, for contract and technical administration. When sending data via this website you agree to storage of this data. We will only store data that is necessary to fullfill your request. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. You can withdraw your permission at any time. (5) Cancellation of Data: We will delete stored individual-related data in these cases: You withdraw your consent to store this data or the data is no longer necessary to fullfill the aim or the storage is for other reasons illegal. Please remember that cancellation of your personal data might lead to unattainability of our service. (6) Right of access to personal data: We will inform you about the personal data stored on our server. If you want to know more about our privacy policy an e-mail is sufficient: \n This e-mail address is being protected from spam bots, you need JavaScript enabled to view it End of privacy policy 13. Final provisions(1) Only German law takes effect excluding Uniform Law on the International Sale of Goods (CISG). For contracts with consumers in Europe local law of the country of the customer might be applicable if compulsory consumer rights are affected. (2) If one of the provisions of these terms and conditions should be invalid the effectiveness of all other provisions will not be affected. The parties care for a regimentation that contributes mostly to the economic aim. Mobile-Coaching Weinreich Unternehmensberatung GmbH Address: Managing Director Version: May 2008
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